Litigation

Litigation is the filing of a lawsuit. It is the process in which formal pleadings are filed with the court and you “go to court.” In a personal injury case, most cases are resolved without litigation. Instead, your attorneys will negotiate a settlement with the insurance company before litigation is necessary. When a settlement cannot be reached, then your attorney will start the legal process of litigation. Litigation is much more than a trial. First, your attorney will file a pleading called a “Complaint.” This pleading generally describes the parties to the lawsuit, the nature of the accident and injuries, and it asks the court to order one side to pay the other money. After the complaint is filed and litigation begins, it usually takes one-year before the case goes to trial. Most cases that enter litigation are settled prior to trial.

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